Rights of the Accused

he right to prompt investigation and appropriate resolution of all credible complaints of sexual misconduct or discriminatory misconduct made against him/her.

The right to be treated with respect by University officials.

The right to be informed of and have access to campus resources for medical, counseling and advisory services where indicated.

The right to be fully informed of the nature, rules and procedures of the hearing process and to timely written notice of all alleged violations within the complaint, including the nature of the violations and possible sanctions.

The right to a hearing on the complaint, including timely notice of the hearing date, and adequate time for preparation.

The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing.

The right to make an impact statement at the campus conduct proceeding and to have that statement considered by the Judicial Coordinator in determining any sanction.

The right to appeal sanction(s) imposed, in accordance with the standards for appeal established by the sexual misconduct policy.

The right to review all documentary evidence available regarding the complaint, subject to the privacy limitations imposed by state and federal law, at least forty-eight (48) hours prior to the hearing.

The right to be informed of the names of all witnesses who will be called to give testimony, within forty-eight (48) hours prior to the hearing, except in cases where a witness’ identity will not be revealed to the accused individual for compelling safety reasons (this does not include the name of the alleged victim/complainant, which will always be revealed).

The right to a hearing closed to the public.

The right to petition that the Title IX Coordinator, Judicial Coordinator, Provost & Vice President for Academic Affairs or members of the disciplinary hearing committee be removed on the basis of demonstrated bias.

The right to have the University arrange the presence of students, faculty and staff witnesses and the opportunity to ask questions, directly or indirectly, of witnesses present, and the right to challenge documentary evidence.

The right to have complaints heard by the Judicial Coordinator and disciplinary hearing committee members who have received annual sexual misconduct adjudication training.

The right to have University policies and procedures followed without material deviation.

The right to have an advisor or advocate accompanying the accused and assisting in the hearing process. This advisor can be anyone, including an attorney provided at the accused individual’s own cost. But the advisor may not take part directly in the hearing itself, though they may communicate with the accused individual as necessary.

The right to a fundamentally fair hearing, as defined in these procedures.

The right to a hearing outcome based solely on evidence presented during the conduct process. Such evidence shall be credible, relevant, based in fact, and without prejudice.

The right to written notice of the outcome and sanction(s) of the hearing.

The right to a hearing committee comprised of representatives of both genders.

The right to be informed in advance, when possible, of any non-confidential release of information regarding the complaint. (Some legal and regulatory reporting is mandatory and may be done by the University without prior notice or consent.)